Seman v. First State Bank of Eden Prairie

OPINION

PARKER, Judge.

The purchaser of a cashier’s check brought an action against the issuing bank for honoring the cashier’s check despite a contractual agreement to refuse payment. The bank defended on the ground that the contractual agreement was conditioned upon the purchaser's representation that the cashier’s check had been lost, when in fact the check had been given to the named payee. The purchaser also requested attorney’s fees and witness fees pursuant to Minn.Stat. § 549.21 (1984). The trial court held for the purchaser on both counts, and the bank appealed. We reverse.

FACTS

On…